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(영문) 서울중앙지방법원 2019.07.12 2019고합318
강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 30, 2018, the Defendant, while entering the Victim B (V, 50 years of age) of Chinese nationality and providing accommodation, meals, etc., employed by a waterproof treatment business entity that he/she operates, and tried to engage in rape rather than seeing the victim.

1. Rape;

A. At around 13:00 on May 18, 2018, the Defendant: (a) moved in a vehicle to the open victim by doping the hand to the open victim; (b) moved in the vehicle to the pharmacy at a racking place; (c) around 14:00 on the same day, the Defendant moved in the victim’s arms in front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and then moved into the knife and forced a knife to stop entering the knife; and (d) took the Defendant’s knife with the Defendant’s chest to stop resisting the Defendant’s knife with the Defendant’s knife with the Defendant’s knife; and (d) inserted his knife with the Defendant’s knife’s knife and panty to the part of the victim’s knife.

B. At around 14:00 on May 29, 2018, the Defendant: (a) took his/her employees, including the victim, and had his/her employees in the Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, under the influence of his/her employees, including the victim, and (b) prevented the victim from resisting the victim’s hand that he/she refuses to take the victim’s arms with the victim’s hand from entering the victim’s corridor, and forced him/her into other rooms; and (c) took off the victim’s spanty and panty, and inserted his/her spanty into the part of the victim’s sound.

Accordingly, the Defendant raped the victim on two occasions.

2. A person violating the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment activities in the Republic of Korea. However, the Defendant, from April 30, 2018 to June 2, 2018, employed the said Chinese victim on the condition that the said Chinese victim would be paid KRW 60,000 per day, without the status of sojourn eligible for employment activities from around April 30, 2018 to around June 2018.

Summary of Evidence

1. [The fact of No. 1 in the market]

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